D.T.C. Vs. TARA CHAND

JUDGEMENT

(1.) By the present petition the Petitioner impugns the award dated 18 th September, 2000 whereby the enquiry conducted by the Petitioner against the workman Tara Chand was held to be illegal and invalid and the same was set aside. The Petitioner also impugns the award dated 4 th January, 2002 whereby it has been held that the removal of the workman from service was illegal and unjustified and thus directed reinstatement of the workman with full back wages and continuity of service.

(2.) The facts in nutshell are that the workman Tara Chand was appointed as a driver on 21 st November, 1980. On 5 th December, 1988 his vehicle met with a fatal accident. On 13 th December, 1988 a charge sheet was issued to him stating that the act of rash and negligent driving was in violation of Para 24 of the Executive Instructions and Standing Order governing conduct of DTC employees and Clause No. 19 (f ) and (m) of the DRTA (Conditions of Appointment and Services) Regulations, 1952 (in short "the DRTA Regulations?). After the reply of the workman, the enquiry was conducted and the Enquiry Officer came to the conclusion that the workman had misconducted himself and on 14 th February, 1989 a show cause notice was given as to why the workman Tara Chand should not be removed from service and finally on 16 th March, 1989 the disciplinary authority passed the order of removal. The workman filed a claim before the Conciliation Officer pursuant to which a reference was made on the following terms:

(3.) A primary issue was framed by the Tribunal as to whether a fair and proper inquiry was held. On the said issue vide its order dated 18 th September, 2000 the Tribunal found that the charge in the criminal case and the allegations made in the charge sheet issued to the workman were the same to which the circular dated 19 th December, 1973 Ex. WW1/3 clearly applied, thus the Management could not have initiated any disciplinary enquiry in the matter. It was observed that the Management not only initiated an enquiry but also removed the workman from the service after holding him guilty of the charge of which he has been acquitted. This was contrary to Para 5 of the Office order No. 201 dated 24 th November, 1954 which stated that departmental action of termination of service will not be taken against a driver if he is convicted during his service in the organization and thus the enquiry was held to be illegal and invalid and the punishment of removal was set aside. Since the Petitioner/Management did not lead any evidence to prove the charges against the workman the issue framed on the basis of terms of reference was also decided against it.